Dealing with Guantánamo as one of his first acts would demonstrate President Obama's determination to face one of the most potent symbols of injustice and oppression that has so tarnished America's international reputation. But it is also important to deal with Guantánamo's detainees, some of whom have already been incarcerated for the length of a substantial prison sentence. This could mean that they would, if now convicted, be ready for release. So the first step for the new administration could be to ascertain which detainees ought to be released on that ground.

Then they need to consider what to do with those who remain. I hope they would apply the principle that I announced when I went to Washington in the summer of 2003 to negotiate with the Bush administration about British detainees. This was simple, but just: try suspects for their alleged crimes in a trial fair by international standards, or release them. Despite securing concessions, my judgment was that there was still not a demonstrably fair and independent system to assess their guilt. This is why we insisted - and secured - their return.

So the administration could put those who remain and against whom there is evidence, on trial in regular and fully independent courts fully applying rules of evidence, but excluding, for example, confessions induced by bad treatment.

Some who are released will be able to return to their own countries. If there are some who cannot, then there may be no option but to give them their liberty where they can remain perhaps subject to a court-controlled safety measure. Some will say that it is risky, but it is - rightly - the decision the UK government made. Because this is as much about winning the battle for hearts and minds - by showing the strength of the west's values and beliefs in justice and liberty. Obama has a great opportunity.

• Lord Goldsmith was attorney general from 2001-2007. He advised the UK government on the legality of invading Iraq and was an early advocate of Guantánamo's closure. He is now European chair of litigation at a US law firm.

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About this article

Lord Goldsmith: Guantánamo - a great opportunity

This article appeared on p11 of the G2 section of the Guardian
on Wednesday 3 December 2008.
It was published on
the Guardian website
at 19.01 EST on Wednesday 3 December 2008.
It was last modified at 09.58 EDT on Saturday 4 October 2014.
It was first published at 19.06 EST on Wednesday 3 December 2008.

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